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1967-03WHEREAS, the City of Clermont, a municipal corporation, of Lake County, Florida is the owner in fee simple of a city park and adjoining beach more commonly known and referred to as "Jaycee Beach", located North of State Road 561 East of Fourth Street and West of Second Street and adjacent to Lake Minneola on the North thereof, together with all facilities located thereon including a one-story ,concrete building in which there are dressing rooms, toilets and a general area for a snack bar or restaurant: WHEREAS, said City is desirous of continuing the operation of said snack bar, dressing rooms, and 'toilet facilities in connection with the public's use of the beach on Lake Minneola, and Jim and Annette Eubanks are desirous of. operating said snack bar and have equipment which they can immediately install for said operation, and are willing to operate the snack bar, maintain the dressing rooms and toilet facilities in a continually sanitary condition. THEREFORE, in consideration of the sums as set. forth hereinafter and on the payment of such the City of Clermont, hereinafter referred to as the party of the first part, and Jim and Annette Eubanks hereinafter referred to as the parties of the second part, do hereby mutually agree: 1. That beginning Sept. 1, 1967 and ending on Sept. 31, 1968 the said party of the first part does hereby agree to lease unto the said parties of the second part that portion of the heretofore described premises known as the snack bar, including the dressing rooms and toilet facilities, which are a part of said building, and hereby authorize the parties of the .second part to install, at no expense to the part of the first part, such equipment as. they deem.necessary in the operation of said snack bar, for which privilege and lease the parties of the second part hereby agree to pay to the party of the first part ONE DOLLAR per month. 2. The parties of the second part, in the operation of the snack bar, will purchase and serve food of good quality and under sanitary conditions and in accordance with all requirements imposed upon like places of business under the rules and regulations pertaining to same, - 2 - as promu1u1gated by the Hotel Commission of the State of Florida, which shall include their rules and'regulatlons pertaining to dressing rooms and toilet facilities in said building. The parties of the second part to maintain the plumbing and pay all utility bills. 3. During the term of this lease the parties of the second part shall keep the inside of the whole of said building decorated. Also, the parties of the second part shall maintain and furnish at their expense, all electrical power used in said building including the re-wiring or additions to the wiring so desired by them, and such additions, re-wiring or lighting fixtures so installed shall then become and shall always remain the property of the party of the first part. 4. The parties of the second part shall have the privilege of operating the snack bar area or elsewhere, as permitted in writing by the party of the first part, any business that is kindred to the operation of said bar, including the "juke organ", and if so operated shall be in a manner that will not disturb or become a public nuisance. All State, County and City of Clermont licenses as required in the conduct of said snack bar or kindred business shall be purchased by the parties of the second part. 5. Under no circumstances will alcoholic beverages be permitted to be sold or consumed within the said building or on any porches or other faci1ities'attached to and part of the said building, including the dock into Lake Minneola and the dressing rooms and toilet facilities. Violation of this clause shall, result in immediate cancellation of this agreement. 6. The snack bar, dressing rooms, toilets or other businesses '. operated and maintained by the parties of the second part as permitted by the part of the first part, shall be conducted for t,he primary benefit of patrons of, Jaycee Beach, and the parties of the second part shall be wholly responsible for and shall conduct their business. in an orderly manner and withouth same becoming, under any circumstances, a nuisance, public or private. The parties of the second part agree to furnish all facility supplies at his expense. 7. The parties of the second ,part must be the sole operators of the facilities embraced, within this agreement, and cannot employ a Manager, assign this agrement, or in any other manner relinquish or cease their management of the building and facilities embraced within this - :3 - this agreement.. Nothing herein, however, shall prevent the said parties of the second part as operators from employing as many employees as they deem necessary .' 8. The parties of the second part shall maintain adequate liability insurance. to save harmless the part of the first part in their conduct and operation of said businessv a copy of said policy of insurance to be furnish to the party of the first part and to be first approved by the party,of the first part. '9. ' The snack bar, toilets and dressing rooms shall be open to the public during reasonable hoursof the day and, specifically, shall be open between the hours of 9:00 A. M. to 8:00 P.M. from the first day of June of each year to Labor Day of each year and at such other times as the parties of the second part shall feel necessary. However, said facilities shall not open after the hour of 10:00 P. M. without the written consent of the City Manager. During the July 4th and Labor Day celebration, the party of the first part reserves the right to give to anyone, and one only unless agreed to by 'the second parties, organization within the City of Clermont the right to operate concessions for such celebrations: however, the part of the first part shall, as far as possible, protect the parties of the second part in their business so operated under this Agreement. 10., The parties of the second part shall post the proposed hours of their operation where it is fully inview of the public and the said parties of the second part shall abide by the hours as posted. 11. The.parties of the second part shall be responsible for all utilities consumed ,on the premises, unless otherwise specifically agreed in writing. 12. The violation of any City Ordinance, State or County regulations or any of the other, included terms of this agreement ,shall make this agreement subject to revocation without notice to the second parties. 13. Failure of the parties of. the second part to perform any of the covenants or agreements herein imposed upon them will result in the cancellation of this agreement within thirty (30) days by written notice from the part of the first,part, except those conditions herein providing -'4 - for immediate cancellation. Likewise, the parties of the second part may cancel this agreement after Labor Day 1968 and before January 30, 1969, by giving the party of the first party at least sixty (60) days written notice, and upon the expiration of this agreement the parties of the second part will vacate the premises, removing immeidately all of their property therefrom. The parties of the second part shall have the option to renew this agreement for an additional like period of time from 5 years to 10 years upon the approval of the party of the first part, by giving the party of the first part at least sixty (60) days notice in advance of the desire to renew, during which period of time the party of the first part and the parties of the second part, if found necessary, will re-negotiate the terms and conditions that might be found necessary by either parties 14. The parties of the second part shall conduct no activities which shall be obnoxious to the public or be, under any circumstances, a nuisance, public or private. The Police Department operated by the party of the first part shall always be available to assist the parties of the second part in mataining order anywhere upon the premises. By City manaer WITNESSES Deputy Clerk